Alderman questions city attorney's role in code changes

A Springfield alderman is questioning the city attorney's role in tweaking rules for approving shopping plazas, apartment complexes and other large developments while he co-owns a shopping area.

At Thursday's MacArthur Boulevard Association monthly meeting, Ward 7 Ald. Joe McMenamin took up the matter with city attorney Jim Zerkle. Their exchange came just days after a new city rule took effect that increases from five to 12 acres the size of projects that must go through a large-scale city review process. That means smaller projects that don’t require zoning changes can be approved without a Springfield City Council vote.

“Our city attorney should not be in a position of writing city code involving large-scale development code changes when he’s in a business relationship with the two developers most aggressive and vocal in pushing through code changes,” McMenamin said during Thursday's meeting at South Side Christian Church.

Zerkle responded that he “rigorously follows” conflict-of-interest rules. He co-owns the Town & Country Shopping Plaza on MacArthur Boulevard with Corky Joyner. Joe Hurwitz is the leasing agent for the property.

“I do not resent the question,” Zerkle added.

He also noted that he doesn't initiate ordinances, but writes them at the request of aldermen, the mayor and city departments. The shopping plaza is 17 acres, which Hurwitz pointed out would still need approval through the large-scale development process if it was redeveloped.

Joyner and Hurwitz, who does not have an ownership stake in the plaza, lobbied the council to approve the new rules. Joyner could not be reached for comment Thursday.

The large-scale development revisions went onto the books without Mayor Jim Langfelder's signature.

In a written statement to aldermen last week explaining his decision, Langfelder said he is "concerned that this ordinance sets an unfortunate precedent."

“Given the complexity of development issues, I believe a full analysis by city staff with public input would have better served the public prior to making the substantial change,” the mayor wrote.

Langfelder said he opted not to veto the ordinance because the council approved the change with nine votes, and it only takes seven to override a veto. McMenamin was the lone dissenting vote.

Local developers and proponents of the change argued that it streamlines the approval process and gets rid of unnecessary bureaucratic hurdles. They emphasized it does not affect the city’s zoning and permitting rules.

The suggestion to up the size from five to 12 acres came from developers, said Ward 1 Ald. Chuck Redpath, who introduced the measure.

He didn't think the "full analysis by city staff" that the mayor referenced was needed.

“We brought the people it affects together, the contractors and developers,” Redpath said. “The only thing this ordinance does is take away red tape that doesn’t need to be there.”

The mayor has proposed to amend the ordinance to require storage units and multi-unit residential complexes, such as apartment buildings, to go through the additional review no matter the acreage.

“That’s where you get the most feedback from neighborhood groups, things of that nature, because you’re talking about density and changing the makeup of an area,” Langfelder said.

The council adopted such a change during its debate two weeks ago, but then reconsidered and removed it. Redpath, who called for the reconsideration vote, said it was a misunderstanding about what council members were voting on.

The amendment leaves out commercial development, which is a mistake, according to McMenamin.

Debate on amending the large-scale development rule change will likely continue Tuesday, when the mayor's proposed changes are up for discussion at the committee of the whole meeting.

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